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HomeMy WebLinkAbout12-21-09 (2)0~- /U~20 IN RE: ESTATE OF EVELYN B. ULRICH, Deceased IN THE COURT OF COMM(~i PLEAS DAUPHIN COUNTY, PENNS~I~ANI,~ non r'~ ORPHANS' COURT DIVISIOI~F'?' ~ =' NO. 2009-01020 '-~ c~~ ~-low -~c~o -o .;c~-~~ s (,_)~y lV _ ° ~ WHEREAS, Evelyn B. Ulrich (the "Decedent") died on October 3, 2008, leaving a Will dated January 25, 2002, which was probated in Cumberland County, Pennsylvania; and WHEREAS, on October 13, 2008, Manufacturers and Traders Trust Company was appointed Executor of the Decedent's estate by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, Decedent's husband, Samuel D. Ulrich, died on January 21, 2007 before the date of Decedent's death; and "Beneficiazies"); and WHEREAS, given the prior death of her husband, Decedent's will bequeathed all of her tangible personal property to her children living at her death in as neazly equal shares as they shall select and, under Items 2 and 3, bequeathed the balance of her estate to her issue, who' at the time of her death, were her children: John D. Ulrich, Robert T. Ulrich and Sheryl Ann Hazlett (the WHEREAS, the Executor has completed its administration of the Decedent's 760453.1 estate, filed the Pennsylvania inheritance tax return and paid all tax due and is willing to conclude the estate on the basis of a Family Settlement Agreement which is the purpose of this instnrment to provide. `, ~:_+:; r,:; ~, , c -~ c "~ r`i ~, ., ,, -~ =~,r~ ^~ ~ U NOW, THEREFORE, the undersigned Beneficiaries, for themselves, their heirs, successors, personal representatives, and assigns: (I) State that they have examined the statements of the administration of the Estate, which aze attached hereto as Exhibit "A" (the "Statements"), and approve the transactions and distributions set forth therein as though they had been confirmed absolutely by the Court having jurisdiction over the Estate. (2) Approve the final distribution of the Estate as described on Exhibit "B" attached hereto. (3) Acknowledge a distribution from the Executor of the assets shown on Exhibit "B" attached hereto in full and complete satisfaction of his or her interests in the Estate of whatsoever nature or kind. (4) Hereby absolutely and 'irrevocably release the Executor from prepazing a formal accounting in connection with the administration of the Estate and approve the transactions undertaken by the Executor reported in the Statements as though said transactions were contained in a formal accounting which had been confirmed absolutely by the Court having jurisdiction over the Estate. (5) Hereby absolutely and irrevocably waive the filing and auditing of any accounting with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the administration of the Estate. (6) Hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the Executor, individually and in its fiduciary capacities, its successor and assigns, of and 2- from all actions and causes of actions, suits, payments, accounts, reckonings, claims and demands whatsoever azising from the administration of the Estate or in any way related to the distribution provided for herein, whether known or unknown, from the beginning of time to the date of the date of the signing of this instnunent. (7) Agree that if, at any time in the future, the Executor receives any demand or claim for any amount claimed to be due and owing from it, as Executor, and it approves said demand or claim, each of the undersigned shall, at the request of the Executor, pay to the Executor their equal one-third shaze of the amount of any such demand or claim, or if it has been paid by the Executor, then reimburse it for their proportional share of the amount paid by it, provided that the amount of such requested payment or reimbursement shall not exceed the total of the assets paid or distributed to the undersigned by the Executor as set forth herein. (8) Agree to indemnify the Executor and hold it harmless, to the extent of the assets received by him or her, from and against any and all claims, loss, liability or damage (including legal fees and costs) which the Executor may suffer or to which it may be subjected by reason of the distribution of the assets provided for herein without having formal approval of the Court of Common Pleas, Orphans' Court Division, Cumberland County, Pennsylvania, or any otherjurisdiction. (9) Agree that this Approval of Administration, Receipt, Release and Indemnification Agreement is intended to be and shall be legally binding upon the Beneficiaries, their heirs, administrators and assigns. -3- (10) Do hereby agree that this Approval maybe signed and acknowledged by the parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of all parties, shall constitute an original and complete instrument. IN WITNESS WHEREOF, each of the un'deI-rsi~gne/d, intending to be legally bound, has executed this Approval on the ~ry~ day of~CV , 2009. Witness Robert T. Ulrich Witness Witness (SEAL) John .Ulrich 'W (SEAL) Sheryl Ann Hazlet 4- STATE OF ~F%'~'"~ W' ~-- NP~u) C0.s~_ : ss: COUNTY OF rd ~~ ~n 's, ti ~ day of ~; 2009, before me, a Notary Public, in and for the GexenweaQth o the undersigned officer, personally appeared SHERYL ANN HAZLETT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Approval and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /n_y / lAi/~~'t~J (SEAL) Notary Public My Commission Expires: 1 I/3/ 2D i 3 (SEAL)